Allen v. Mittemier et al

Filing 13

ORDER ADOPTING 4 Report and Recommendations; therefore, this case is dismissed without prejudice; dismissal of this action constitutes a "STRIKE"; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 8/20/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

JUSTIN E. ALLEN,
ADC #551718
V.

PLAINTIFF
4:12CV00390 SWW/JTR

ADAM MITTEMIER, Officer; and
SETH FERGUSON, Officer,
Faulkner County Detention Center

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition
submitted by United States Magistrate Judge J. Thomas Ray. No objections have been
filed. After careful review, the Court concludes that the Proposed Findings and
Recommended Disposition should be, and hereby are, approved and adopted in their
entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this

case is DISMISSED, WITHOUT PREJUDICE, for failing to state a claim on which
relief may be granted.
2.
§ 1915(g).

Dismissal of this action constitutes a “STRIKE,” as defined by 28 U.S.C.

3.

The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in

forma pauperis appeal from this Order and the accompanying Judgment would not be
taken in good faith.
Dated this 20th day of August 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE